§1712 — Title 41 Public Contracts | U.S. Code

Summary

Each executive agency must create and keep, for 5 years and by fiscal year, an unclassified electronic file of every purchase above the simplified acquisition threshold. For each competitive award the file must show the award date, who won it, what was bought, and the total cost. For awards done without competition the file must include those same items plus the legal reason for not using competition (under sections 3304(a) or 3204(a)) and which office ran the procurement. Entries that got only one responsible offer must be kept separate and marked as competitive awards with a single bidder. The agency head must make sure the data is accurate and promptly send it to the General Services Administration for entry into the Federal Procurement Data System referred to in section 1122(a)(4), or any system that replaces it.

Title 41, §1712

Public Contracts — Source: USLM XML via OLRC

(a)Each executive agency shall establish and maintain for 5 years a computer file, by fiscal year, containing unclassified records of all procurements greater than the simplified acquisition threshold in that fiscal year.

(b)The record established under subsection (a) shall include, with respect to each procurement carried out using—

(1)competitive procedures—

(A)the date of contract award;

(B)information identifying the source to whom the contract was awarded;

(C)the property or services the Federal Government obtains under the procurement; and

(D)the total cost of the procurement; or

(2)procedures other than competitive procedures—

(A)the information described in paragraph (1);

(B)the reason under section 3304(a) of this title or section 3204(a) of title 10 for using the procedures; and

(C)the identity of the organization or activity that conducted the procurement.

(c)Information included in a record pursuant to subsection (b)(1) that relates to procurements resulting in the submission of a bid or proposal by only one responsible source shall be separately categorized from the information relating to other procurements included in the record. The record of that information shall be designated “noncompetitive procurements using competitive procedures”.

(d)The head of each executive agency shall—

(1)ensure the accuracy of the information included in the record established and maintained by the agency under subsection (a); and

(2)transmit in a timely manner such information to the General Services Administration for entry into the Federal Procurement Data System referred to in section 1122(a)(4) of this title, or any successor system.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 171241:417.Pub. L. 93–400, § 19, as added Pub. L. 98–369, title VII, § 2732(a), July 18, 1984, 98 Stat. 1197; Pub. L. 103–355, title IV, § 4403, Oct. 13, 1994, 108 Stat. 3349; Pub. L. 110–417, title VIII, § 874(b), Oct. 14, 2008, 122 Stat. 4558.

Editorial Notes

Amendments

2021—Subsec. (b)(2)(B). Pub. L. 117–81 substituted “section 3204(a)” for “section 2304(c)”.

§1712 Record Requirements